Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Specification
The lengthy specification has not been checked to the extent necessary to
determine the presence of all possible minor errors. Applicant's cooperation is
requested in correcting any errors of which applicant may become aware in the
specification.
Examiner Notes
Examiner cites particular columns, paragraphs, figures and line numbers in the references as applied to the claims below for the convenience of the applicant. Although the specified citations are representative of the teachings in the art and are applied to the specific limitations within the individual claim, other passages and figures may apply as well. It is respectfully requested that, in preparing responses, the applicant fully consider the references in their entirety as potentially teaching all or part of the claimed invention, as well as the context of the passage as taught by the prior art or disclosed by the examiner. The entire reference is considered to provide disclosure relating to the claimed invention. The claims & only the claims form the metes & bounds of the invention. Office personnel are to give the claims their broadest reasonable interpretation in light of the supporting disclosure. Unclaimed limitations appearing in the specification are not read into the claim. Prior art was referenced using terminology familiar to one of ordinary skill in the art. Such an approach is broad in concept and can be either explicit or implicit in meaning. Examiner's Notes are provided with the cited references to assist the applicant to better understand how the examiner interprets the applied prior art. Such comments are entirely consistent with the intent & spirit of compact prosecution.
Claim Rejections - 35 USC § 101
35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
Claims 1-15 are rejected under 35 U.S.C. 101 because the claimed invention is directed to non-statutory subject matter. These claims are directed to an abstract idea without significantly more.
As to claim 1,
Step 1: Claim 1 is directed to a method. Therefore, the claim is eligible under Step 1 for being directed to processes.
Step 2A Prong One
Claim 1 recites
obtaining the one or more 2D schematics onto a first application server, the server comprising a Building Information Modeling (BIM) program, the BIM program performing the following steps: (obtain input data)
extracting location and / or position data for a project corresponding to the 2D schematics; (mental process)
classifying objects disclosed therewithin the 2D schematics; (mental process)
extracting a planar shape information for each of the classified objects wherein each of the planar shape information is utilized to determine a 3D shape of the corresponding object; (mental process)
and combining an output of the foregoing extracting location and / or position data, classifying objects, and extracting a planar shape steps to provide a three-dimensional model corresponding to the 2D schematics, (mental process)
the BIM program comprising an object library application utilizing an object library for performing the steps of extraction and classification wherein further the library application is adapted to encrypt the extracted and classified information and stored as an extracted information file of a predetermined format within the object library. (storing data and generic computer function)
The claimed concept is a method of determining 3D shape by evaluating 2D data based on mathematic relationship directed to “Mental Process” and/or “Mathematical Concepts” grouping. These limitations can be performed in a human mind or using pen and paper.
Therefore, claim 1 is an abstract idea.
Step 2A Prong Two
The obtaining data step is recited at a high level of generality (i.e., as a general means of obtaining input for use in the evaluation step) and amounts to mere data inputting, which is a form of insignificant extra-solution activity.
The claim recites additional elements such as “server and encrypting step”. Each of the additional limitations is no more than mere instructions to apply the exception using a generic computer component. Note that, simply implementing the abstract idea on a generic computer is not a practical application of the abstract idea. See applicant’s specification Fig. 1 and [0098] for generic computer description.
The judicial exception is not integrated into a practical application.
Step 2B:
The same analysis of Step 2A Prong Two applies here in 2B. The present claim does not recite any limitation that would integrate a judicial exception into a practical application at Step 2A or provide an inventive concept in Step 2B. See MPEP 2106.05(d).
The claim(s) does/do not include additional elements that are sufficient to amount to significantly more than the judicial exception. Thus, claim 1 is not patent eligible. Same conclusion for dependent claims of claim 1. See below.
2. The method of claim 1, wherein the object library comprises a plurality of the 3D models corresponding to a plurality of extracted information files (data description)
wherein further the library allows addition of new 3D object models corresponding to new extracted information files received from one or more second application server connected to the first application server. (mental process)
3. The method of claim 1, wherein the 2D schematics comprising a combination of a text data, a plurality of line drawings and a project information data. (data description)
4. The method of claim 3, wherein the location and / or position data is extracted from the project information data. (data description)
5. The method of claim 3, wherein the objects are extracted from the text data. (data description)
6. The method of claim 3, wherein the 3D shapes of the objects are extracted from the line drawings. (data description)
7. The method of claim 6, wherein the 3D shapes are extracted using a first pattern recognition sub-program of the BIM program followed by a second pattern recognition sub-program applied onto an output of the first pattern recognition program. (computer function and mental process)
8. The method of claim 1, wherein the predetermined format is a .CAP file format. (data description)
9. The method of claim 1, wherein BIM Program comprises a dimension sub-program configured to automatically determine dimensions for the 3D object model. (data description)
10. The method of claim 1, wherein the 2D drawings comprising a multi-floor building schematics, (data description)
wherein further the BIM model outputs a 3D building model corresponding to the 2D drawings. (output data)
11. The method of claim 1, wherein 2D drawing is selected from the group consisting of a CAD Drawing, a hand-made sketch, and a digital image. (mental process)
12. The method of claim 1, wherein the objects are selected from the group of building components consisting of architectural components, structural components, mechanical components, electrical components, plumbing components, firefighting components, interior components, and combinations thereof. (mental process)
13. A non-transitory computer readable storage medium, having stored there on a computer program comprising instructions for implementing the method according to claim 1, when this program is executed by one or more processors. (generic computer function)
14. A device comprising a computer for enhancing a digital model of a building, wherein said computer carries out the method according to claim 1. (generic computer function)
15. The device according to claim 14, further comprises a memory for storing code for instructions of the method, at least one processor for executing said instructions, and an access to BIM 3D modeling Program. (generic computer function)
Thus, claims 1-15 are not patent eligible.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claim(s) 1-6 and 8-15 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Austern et al (US 2021/0073433 A1), hereinafter Austern.
1. A method for creating a three-dimensional (3D) object model using one or more two dimensional (2D) schematics, the method comprising:
Austern discloses obtaining the one or more 2D schematics onto a first application server, the server comprising a Building Information Modeling (BIM) program, the BIM program performing the following steps:
Austern: [0654] “Aspects of this disclosure may include systems, methods and computer readable media for extracting data from a 2D floor plan and retaining it in a building information model. Architectural plans may include two-dimensional (“2D”) drawings or other 2D visual representations of floors of buildings. …”
Austern discloses extracting location and / or position data for a project corresponding to the 2D schematics;
Austern: [0655] “…To address these challenges, disclosed embodiments may facilitate creation of building information models of pre-existing floor plans by extracting data from a 2D floor plan and using the extracted data to generate a building information model. Embodiments include using a variety of automated approaches that consider geometric or other image properties of floor plans. Disclosed embodiments may also generate 3D representations of multiple related floor plans to permit a designer to, for example, view multiple floors of at building at once using a single model.”
See Fig. 24A for example of location / position data.
Austern discloses classifying objects disclosed therewithin the 2D schematics;
Austern [0668] “According to disclosed embodiments, machine learning may be used to identify rooms and/or room demarcations contained in a floor plan. Machine learning may refer to artificial intelligence or machine learning models or algorithms as described herein. Embodiments may include using artificial intelligence to segment walls and rooms from images of floor plans. For example, artificial intelligence may be used to detect and classify architectural features on floor plan images, detecting features such as windows, doors, door sills, stairs, furniture, equipment or any other features. …”
Austern discloses extracting a planar shape information for each of the classified objects
Austern [0331] “In some embodiments, semantic enrichment may include performing a geometric analysis on the floor plan. As used herein, a geometric analysis may include any form analysis for extracting information from a floor plan based on geometries represented in the floor plan. A geometric analysis may include an interrogation of a floor plan represented in a BIM, CAD, PDF or any file format containing geometric entities such as lines, polylines, arcs circles or vectors. The geometric analysis may use coordinates (e.g., XYZ coordinates) of end points of entities to determine properties of the entities and their relationship each other. …”
Austern discloses wherein each of the planar shape information is utilized to determine a 3D shape of the corresponding object; and
Austern: [0684] “BIM models may include BIM objects. A BIM object may include a combination of detailed information that defines the product and geometry that represents the product's physical characteristics in 3D and 2D. A BIM object may include visualization data that gives an object a particular appearance (e.g., a color, texture, shape, or other aspect of an appearance). Building Information Modeling (BIM) objects may include a combination of detailed information, attributes, parameters, technical characteristics, geometry and metadata that defines an object (e.g., piece of equipment) and represents the object's physical characteristics in two and/or three dimensions.”
Austern discloses combining an output of the foregoing extracting location and / or position data, classifying objects, and extracting a planar shape steps to provide a three-dimensional model corresponding to the 2D schematics,
Austern: [0686] “Generating a BIM model may include using wall boundaries identified from the floor plan. For example, a 3D BIM model may be generated by associating wall boundaries with a height and constructing a 3D model of the wall boundaries using the height. The height may be indicated with respect to the scale of the floor plan. For illustration purposes, wall boundaries from the floor plan may be presented in two dimensions (e.g., x and y axes). A 3D BIM model may be created from the two dimensional wall boundaries by “extruding” the wall boundaries into a third dimension (e.g., z axis) to form a three-dimensional model.”
Austern discloses the BIM program comprising an object library application utilizing an object library for performing the steps of extraction and classification
Austern [0144-0145] “… In some embodiments, receiving the functional requirements may include accessing a database or other form of storage location configured to store one or more functional requirements. In some embodiments, the functional requirements may be stored in a data structure linking the functional requirements to particular floor plans, rooms, areas, zones, buildings, or otherwise specifying where the functional requirement is appliable. Accordingly, at least one of the first functional requirement or the second functional requirement may be prestored in a data structure. In some embodiments, the functional requirements may be represented in the accessed floor plan. For example, the floor plan may include textual information or metadata identifying functional requirements that apply to one or more rooms or areas of the floor plan. The functional requirements may be represented by identifiers or other short-form representations. These identifiers may be correlated with more detailed functional requirements, which may be stored in a data structure, a table, or other format. In some embodiments, the functional requirements may be represented graphically in the floor plan.”
Austern discloses wherein further the library application is adapted to encrypt the extracted and classified information and stored as an extracted information file of a predetermined format within the object library.
Austern [0319] “Floor plans may be in any suitable format. For example, a floor plan may be represented in hand drawn or scanned images. In some embodiments, floor plans may be a CAD file or other type of vector-based, an image file, 3D file format. Disclosed embodiments may include floor plans in building information model (“BIM”) files. and/or any other graphical or digital format. In some embodiments, a floorplan may be represented as a data structure. Floor plans may be in digital and hard copy formats, or both. … A floor plan may consist of other associated information with the plurality of rooms including technical specifications, functional requirements, equipment lists, energy metering, BMS data, iOT data, and other types of information as described herein. The floor plan may be constructed in a 2D format, 3D format or any combination thereof. In some embodiments, the data structure of the original floor plan or architectural file (e.g. BIM file) may be converted to another format. For example, a CAD or IFC file may be converted to a gzip compressed JSON object containing hierarchical buildings information. The JSON object may be constructed in a way that represents the hierarchy of one or multiple buildings. The information stored in the object may contain metadata, architectural features (including but not limited to room geometry, doors, windows, furniture, and/or equipment), and advanced/processed geometry/metrics/information about each element (e.g. buildings, levels, and rooms). Converting drawings in raw binary format (such as CAD or RVT) into gzipped JSON objects may result in reduced memory (relevant to both lesser costs of hosting the files; the time it may take to send the drawing from one service to another; the time it may take to download the file from file hosting services or databases), as well as allowing for further possible processing of other applications that may not able to naively process the drawings in their raw binary form. In some embodiments, the gzipped JSON object may be referred to as a BMD.”
2. The method of claim 1, Austern discloses wherein the object library comprises a plurality of the 3D models corresponding to a plurality of extracted information files wherein further the library allows addition of new 3D object models corresponding to new extracted information files received from one or more second application server connected to the first application server.
Austern [0351] “In some embodiments, semantic enrichment may include updating or augmenting a prior semantic designation. As described above, a floor plan may include one or more existing designations. When semantic enrichment is performed on the floor plan, one or more of these prior existing semantic designations may be updated by replacement with a new designation. Continuing the previous example, the prior designation of “washroom” may be updated to the new semantic designation of “bathroom.” In some embodiments, a semantic designation may ebe added to augment an existing semantic designation. For example, an existing designation of Classroom may be augmented with an Omniclass classification such as “13-31 13 13 Classrooms (Age 9 Plus).” See [0577] for “one or more second application server connected to the first application server.”
3. The method of claim 1, Austern discloses wherein the 2D schematics comprising a combination of a text data, a plurality of line drawings and a project information data.
Austern [0660] “Floor plans may be in any suitable format, as disclosed herein. For example, a floor plan may be represented in hand drawn or scanned graphics. In some embodiments, a 2D floor plan may be a CAD file. CAD may include but is not limited to a vector based representation of geometry used to describe architectural projects. CAD files may contain geometric primitives such as points, lines, polylines, curves. The primitives may be organized in drawing layers, which may be used to add graphical information (e.g., plot line widths and colors) or semantic information (e.g., names which identify a function of an object). Additionally or alternatively, CAD files may contain one or more collections of primitives arranged together in different collections such as texts, hatches, groups, blocks, and XREFs, which represent different types of geometric or functional abstractions (such as furniture, mechanical equipment, or information from other parties).”
4. The method of claim 3, Austern discloses wherein the location and / or position data is extracted from the project information data.
Austern [0331] “In some embodiments, semantic enrichment may include performing a geometric analysis on the floor plan. As used herein, a geometric analysis may include any form analysis for extracting information from a floor plan based on geometries represented in the floor plan. A geometric analysis may include an interrogation of a floor plan represented in a BIM, CAD, PDF or any file format containing geometric entities such as lines, polylines, arcs circles or vectors. The geometric analysis may use coordinates (e.g., XYZ coordinates) of end points of entities to determine properties of the entities and their relationship each other.”
5. The method of claim 3, Austern discloses wherein the objects are extracted from the text data.
Austern [0334] “As discussed above, semantic enrichment may include employing a computational or classification algorithm along with an analysis method to generate semantic designations for a floor plan. For example, an analysis method may be performed to identify various spaces within a floor plan and certain features or characteristics of those spaces. The analysis method may produce output data of several types indicating the spaces within the floor plan and information about the spaces including geometric data (including the shapes, relative sizes, relative locations, and other information related to floor plan or space geometry), textual data (including any existing semantic designations, labels, or other text on a floor plan related to spaces of the floor plan), and image data (including an image of the floor plan, one or more images of portions of the floor plan, symbols of the floor plan, and other data related to visual presentation of the floor plan). …”
6. The method of claim 3, Austern discloses wherein the 3D shapes of the objects are extracted from the line drawings.
Austern: [0686] “Generating a BIM model may include using wall boundaries identified from the floor plan. For example, a 3D BIM model may be generated by associating wall boundaries with a height and constructing a 3D model of the wall boundaries using the height. The height may be indicated with respect to the scale of the floor plan. For illustration purposes, wall boundaries from the floor plan may be presented in two dimensions (e.g., x and y axes). A 3D BIM model may be created from the two dimensional wall boundaries by “extruding” the wall boundaries into a third dimension (e.g., z axis) to form a three-dimensional model.”
8. The method of claim 1, Austern discloses wherein the predetermined format is a .CAP file format.
Austern [0319] “Floor plans may be in any suitable format. For example, a floor plan may be represented in hand drawn or scanned images. In some embodiments, floor plans may be a CAD file or other type of vector-based, an image file, 3D file format. Disclosed embodiments may include floor plans in building information model (“BIM”) files and/or any other graphical or digital format. In some embodiments, a floorplan may be represented as a data structure. Floor plans may be in digital and hard copy formats, or both. … A floor plan may consist of other associated information with the plurality of rooms including technical specifications, functional requirements, equipment lists, energy metering, BMS data, iOT data, and other types of information as described herein. The floor plan may be constructed in a 2D format, 3D format or any combination thereof. In some embodiments, the data structure of the original floor plan or architectural file (e.g. BIM file) may be converted to another format. For example, a CAD or IFC file may be converted to a gzip compressed JSON object containing hierarchical buildings information. The JSON object may be constructed in a way that represents the hierarchy of one or multiple buildings. The information stored in the object may contain metadata, architectural features (including but not limited to room geometry, doors, windows, furniture, and/or equipment), and advanced/processed geometry/metrics/information about each element (e.g. buildings, levels, and rooms). Converting drawings in raw binary format (such as CAD or RVT) into gzipped JSON objects may result in reduced memory (relevant to both lesser costs of hosting the files; the time it may take to send the drawing from one service to another; the time it may take to download the file from file hosting services or databases), as well as allowing for further possible processing of other applications that may not able to naively process the drawings in their raw binary form. In some embodiments, the gzipped JSON object may be referred to as a BMD.” See [0683] for additional detail.
9. The method of claim 1, Austern discloses wherein BIM Program comprises a dimension sub-program configured to automatically determine dimensions for the 3D object model.
Austern [0685] “Referring to the example of FIG. 24A, identified boundaries of the floor plan may then be used to generate a 3D building information model 2415. As described, the building information model may be a 3D visualization of the rooms of the floor plan. The building information may be created by giving the walls of the model a certain height, and by “extruding” the walls by the length of the height measurement. …”
10. The method of claim 1, Austern discloses wherein the 2D drawings comprising a multi-floor building schematics, wherein further the BIM model outputs a 3D building model corresponding to the 2D drawings.
Austern [0693] “Disclosed embodiments may include enabling aggregation of a 2D floor plan with one or more additional 2D floor plans into the building information model. For example, two different 2D floor plans may depict two adjacent floors of a building. A building information model generated from the aggregation of the two separate floor plans may be may depict both floors of the building in relation to each other. In other words, the building information model may show the second floor of the building on top of the first. Each floor of the building may correspond to a different level of the building information model. In some embodiments, the system may enable a user to select a level to visualize from a plurality of levels contained within the building information model. For example, a building information model may include two adjacent floors of a building. Upon user selection of the first floor of the building information model, the second floor may disappear to permit easier viewing of the first floor.”
11. The method of claim 1, Austern discloses wherein 2D drawing is selected from the group consisting of a CAD Drawing, a hand-made sketch, and a digital image.
Austern [0122] “The floor plan may be represented in any suitable format. For example, the floor plan may be represented as a hand-drawn or scanned image, in a vector-based format (e.g., CAD, PDF, DWG, SVG, or other 2D drawing formats), in an image format (e.g., BMP, JPG, PNG, or similar image files), in 3D models, in Building Information Models (“BIM”) in Industry Foundation Classes (IFC) or Revit™ (.RVT) format, or any other graphical or digital format.”
12. The method of claim 1, Austern discloses wherein the objects are selected from the group of building components consisting of architectural components, structural components, mechanical components, electrical components, plumbing components, firefighting components, interior components, and combinations thereof.
Austern [0428] “The floor plan analysis may further allow the system to ascertain room features associated with the functional requirements and technical specifications. A room feature may include any aspect or component of a building associated within a room. The room feature may include an architectural feature, as described in greater detail herein. For example, the room feature may include a wall, a half wall, a door, a window, a skylight, a column, stairs, a handrail, a beam, flooring, an elevator, a fireplace, or any other permanent or semi-permanent part of the building….”
13. A non-transitory computer readable storage medium, having stored there on a computer program comprising instructions for implementing the method according to claim 1, when this program is executed by one or more processors.
Austern [0406] “Process 1100 may be performed by a processing device, such as any of the processors described throughout the present disclosure. It is to be understood that throughout the present disclosure, the term “processor” is used as a shorthand for “at least one processor.” In other words, a processor may include one or more structures that perform logic operations whether such structures are collocated, connected, or disbursed. In some embodiments, a non-transitory computer readable medium may contain instructions that when executed by a processor cause the processor to perform process 1100.”
14. A device comprising a computer for enhancing a digital model of a building, wherein said computer carries out the method according to claim 1.
Austern [0406]
15. The device according to claim 14, further comprises a memory for storing code for instructions of the method, at least one processor for executing said instructions, and an access to BIM 3D modeling Program.
Austern [0406]
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claim(s) 7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Austern et al (US 2021/0073433 A1), hereinafter Austern, in view of Rho et al (NPL: Automated BIM generation using drawing recognition and line-text extraction, 2020), hereinafter Rho.
7. The method of claim 6, Austern does not appear to explicitly disclose wherein the 3D shapes are extracted using a first pattern recognition sub-program of the BIM program followed by a second pattern recognition sub-program applied onto an output of the first pattern recognition program.
However, Rho discloses 3D shapes are extracted using a first pattern recognition sub-program of the BIM program followed by a second pattern recognition sub-program applied onto an output of the first pattern recognition program in Section 3.
PNG
media_image1.png
614
452
media_image1.png
Greyscale
Austern and Rho are analogous art because they are from the “same field of endeavor” BIM application.
Before the effective filing date of the claimed invention, it would have been obvious to one of ordinary skill in the art, having the teachings of Austern and Rho before him or her, to modify the method of Austern to include the pattern recognition feature of Rho because this combination reduce computational cost.
The suggestion/motivation for doing so would have been Rho (Abstract) “The proposed modeling process is expected to significantly reduce the required efforts for BIM data generation in practice, and further provide a method of knowledge utilization in the construction industry.”
Therefore, it would have been obvious to combine Austern and Rho to obtain the invention as specified in the instant claim(s).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHUEN-MEEI GAN whose telephone number is (469)295-9127. The examiner can normally be reached Monday-Friday 9:00 am to 4:00 pm EST.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Rehana Perveen can be reached at 571-272-3676. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/CHUEN-MEEI GAN/Primary Examiner, Art Unit 2189